Were you hurt in a work accident or injured on the job?

Wondering “what can a work injury lawyer do for me”? At Michael P. Fleming & Associates, P.C., we will investigate every detail related to your accident and work hard to make sure you and your family are protected.

Our central location means we are near to you regardless of your location and would be happy to meet at your home or job.

HOW DO WE INVESTIGATE WORKPLACE INJURIES?

If you’ve had an accident and been injured on the job in Houston, our work injury lawyers do an independent investigation of every detail related to your accident

4 AREAS WE INVESTIGATE

OSHA INVOLVEMENT

SAFETY PROCEDURES

EVIDENCE GATHERING

CULTURE & ENVIRONMENT

Read more on each below ..

We will do our own investigation and determine if;

unsafe working conditions caused your injury

inadequate safety and training played a role in the accident

faulty equipment or the negligence of a co-worker caused your injuries

We will DEMAND that your employer keep any video, work logs, equipment, tools or other evidence.

We will make sure your employer reports any serious injury to OSHA (Occupational, Health and Safety Administration).

HOW WE INVESTIGATE YOUR WORK INJURY CASE

OSHA

We make sure OSHA investigates. If the accident was serious, if an employee was hospitalized, or if there was a fatality, we ensure the company notifies OSHA so they can complete a detailed investigation.

What if my employer does not have workers' compensation?

Table Of Contents

If your employer decided to withhold the protection of workers’ compensation TEXAS STATE LAW allows an injured worker to bring a claim against their employer.

Furthermore, as added protection for the worker, Texas labor law prohibits the employer from claiming that the work injuries were caused by the contributory negligence of the victim, that the employee assumed the risk or that it was caused by a fellow employee.

These types of work injury cases are also known as “non-subscriber cases”.

If you have been injured at work and your company lacks workers’ compensation coverage, you need to contact experienced work-related injury lawyers immediately to protect your rights. Contact Michael P. Fleming & Associates, P.C., now to discuss your case or call 713-221-6800.

HOW WE INVESTIGATE YOUR CASE

SAFETY

We interview Safety Managers. Was there a violation of safety procedures? Many work-related injuries result from employees who are subjected to unsafe work conditions or are not properly trained.

Types of Workplace Injuries in Houston

Workplace on-the-job injuries can take many forms. Our work injury lawyers accept all types of job injury cases including, but not limited to:

Workers’ compensation: The workers’ compensation program is different from a return to work program. Workers’ comp is meant to provide financial protection for injured workers. Unfortunately, it us usually inadequate to compensate folks for their work injury. However, workers are often able to seek compensation from any third parties that caused the workplace injuries.

Third-party liability: Many injured people on-the-job who are covered by workers’ compensation may also have a case against third parties who caused their harm.

More often than not, they involve serious injuries such as broken bones or a broken back and in some cases amputations and death.

HOW WE INVESTIGATE YOUR CASE

EVIDENCE

We secure evidence. If a serious injury occurs we gather important evidence including video, photos, coworker testimony, work logs, operating equipment, tools, safety gear … anything that will help us determine what happened and how it happened.

Construction accidents: Construction sites present significant on-the-job dangers for workers and bystanders due to the many different companies that can have workers present doing various dangerous jobs. The chances of a work injury increase substantially in the construction industry.

Industrial accidents: We have helped many work injury clients who have been hurt at work in industrial accidents in Houston and throughout Texas – many due to faulty or altered machinery. When companies alter safety mechanisms to cut costs and increase productivity accidents on the job are sure to happen. The Occupation Health and Safety Administration (OSHA) investigates companies that injury employees because of inadequate safety. When we take a work injury case, we often report the incident to OSHA so that a proper government investigation can take place.

Refinery accidents: There is almost never a “minor” accident at a refinery. Injured refinery workers need competent counsel immediately after an accident to oversee any investigation and protect their interests.

Explosion and burn injury: Burns and other injuries from explosions are some of the worst and longest-lasting on-the-job injuries.

Mesothelioma: Exposure to asbestos by workers in various industries — even for a relatively short period of time — can lead to the development of mesothelioma later in life. If you or a loved one received a diagnosis of mesothelioma, contact us for a free consultation.

Chemical exposure: Workplace exposure to dangerous chemicals is common in just about every industry and line of work. Injuries to the skin, lungs and other internal organs can be immediate.

Toxic exposure: If you have come into contact with any toxic substance on the job, you might be in danger of immediate or future physical problems.

Injured Police Officers: Our lawyers have represented many law enforcement officers over the years — both in defending them in lawsuits and representing them when injured on the job.

Oil spills: Oil spills along the Gulf Coast can cause both physical injuries and more often than not causes economic damages to those who make their livelihood in the area.

Our Houston, Texas on-the-job accident attorneys handle all personal injury cases, including work-related injuries, on a contingencyfee basis, meaning you don’t pay for our services unless you receive compensation for your injuries, and expenses will not be paid by you until you receive a settlement or payment of a judgment.

Houston Workplace Injury Lawyer

Employers must take every reasonable measure to protect their workers from harm. That’s not just an empty statement — it’s a legal fact. Federal and state laws require employers to meet numerous safety standards or risk serious penalties. Unfortunately, those rules are not always followed. Thousands of hardworking Texans are injured or killed in workplace accidents every year. Many of these incidents were the result of employer negligence.

The Texas Department of Insurance estimated that 185,299 workers sustained on-the-job injuries and illnesses in a single recent year ― and that’s only for jobs in the private sector that were actually reported. But at least half of all workplace injuries go unreported, according to the Occupational and Safety Administration (OSHA). That doesn’t paint a pretty picture of job safety in Texas.

A workplace injury can affect an entire family, not just the injured employee. For families living off a single income, an extended period of time off work can cause significant financial hardship. Even dual-income households feel the pressure from lost wages, especially if workers’ compensation benefits are denied, unavailable or not enough to cover the extent of the injuries and losses.

If you are struggling after a workplace injury in Houston or surrounding areas of Texas, it’s a good idea to talk to a knowledgeable attorney for advice about your legal options. Many Texas workers have misconceptions about their ability to file a lawsuit involving workers’ compensation. State laws do protect some employers from being sued by an injured worker. But others are not exempt. It’s important to find out whether your employer or third parties may be held accountable for their negligence in court.

The law office of Michael P. Fleming & Associates, P.C., combines a wealth of legal experience with compassionate care for injured clients. We represent people, including workers, in matters involving a variety of serious injuries. We know that an on-the-job injury is more than just a minor inconvenience. We have seen the devastation that catastrophic job injuries can cause. Our workplace injury lawyers fight to obtain results for clients that will provide financial stability during such stressful and uncertain times in their lives.

Contact our law firm online today or call us for a free consultation.

How Do Texas Workplace Injury Laws Work?

Workers’ compensation laws have been around since the early 1900s. They were designed to reduce the growing number of personal injury lawsuits that arose when someone was hurt at work, especially with the advent of heavy machinery and manufacturing during the Industrial Revolution. As those types of jobs boomed, so did the risk of serious injuries to American workers.

Here’s the basic premise: Employers agree to buy workers’ compensation insurance that provides medical care and wage replacement to injured workers. In exchange, workers are barred from suing employers for negligence. It’s a compromise system, but also an incentive system intended to push employers to provide safe work environments or face insurance premium increases.

Today, many states have mandatory workers’ compensation programs for most employers. Texas is different. It does not require employers to purchase workers’ compensation insurance. Those who do not are known as non-subscribers. If they choose a private insurance plan to cover their workers or none at all, it is possible to file a personal injury claim to collect damages for medical bills, rehabilitation and pain and suffering, among other damages.

“I got hurt on the job and had no work or help for my kid. Michael Fleming and his staff were there for me and my family. Great lawyer!” Continue reading →

- Louis

Furthermore, as added protection for the worker, Texas labor law prohibits the employer from claiming that the work injuries were caused by the contributory negligence of the victim, that the employee assumed the risk or that it was caused by a fellow employee.

What Is the Benefit of Filing a Workplace Injury Lawsuit?

There are several reasons why a workplace injury claim could be helpful for you:

Opportunity for more compensation. Wage replacement is typically around two-thirds of a worker’s average wage with a workers’ compensation claim, but there is a cap. A lawsuit gives you the chance to recover the full amount of your lost wages.

Access to additional damages. Sometimes an employer’s conduct is so egregious that the court sees fit to award punitive damages to an injured worker. The idea is to “punish” the employer financially, with the hope that they will be deterred from repeating their mistakes.

Third-party liability. Some jobs tend to be on sites where multiple contractors are working. It may be possible to sue for damages from a third party if it can be shown that their negligence resulted in your getting hurt on the job. For example, if a faulty piece of machinery caused your injury, you may be able to file a claim against the manufacturer of that equipment.

How Our Work Injury Attorneys Handle Workplace Injury Claims

We will conduct an independent investigation of your accident to determine if:

Unsafe work conditions caused your injury.

Inadequate safety and poor training played a role.

Faulty equipment or a negligent coworker caused your injuries.

Any third party may be held liable.

Then we take a multi-pronged approach to address the case thoroughly.

Notify OSHA. All employers are required to notify OSHA if a worker is killed or is hospitalized for a work-related injury, amputation or eye loss. In the event of death, the incident must be reported within 8 hours. Employers have 24 hours to report other serious accidents. Our attorneys often report accidents to OSHA so that a government investigation can take place.

Safety review. We will examine the workplace conditions to see what (if any) safety violations resulted in your injury. We will interview safety managers and coworkers. We will find out whether factors such as bad training, poor hiring or failure to perform safety inspections or meet other standards contributed to the accident.

Obtain evidence. Our work injury lawyers will leave no stone unturned when looking for evidence to support your claim. That includes collecting relevant video footage, photographs, work logs, equipment, tools, eyewitness statements and more.

Build a case to prove negligence. Winning a work injury claim involves meeting the legal definition of negligence in Texas. The case must be able to prove several things: that the employer owed a duty of care to you (to protect you on the job), that the duty was breached (through some violation) and that it resulted in measurable injuries to you.

Negotiate a settlement or talk about trial. Any settlement reached between you and your employer must be approved by the Texas Workers’ Compensation Commissioner. There are complex rules about settlements and you give up significant rights by settling, so it is very important to seek advice from counsel to ensure that you understand the process.

Common Industries for Workplace Accidents in Texas

Job injuries can happen anywhere. However, some industries are inherently more dangerous because of the nature of the work. Serious injuries are often reported in fields including:

Construction

Crane Falls and Collapses

Industrial jobs

Roofing

Ladder Falls

Manufacturing

Heavy machinery repair and installation

Air transportation

Shipyards

Railroads

Oil refineries

Oil spills

Fishing

Farming

Logging

Law enforcement

Structural iron and steelwork

Heating and air conditioning installation

Electrical installation and repair

Landscaping

Loading Docks

Trash and recycling collection

Driving/truck driving

Health care

Conveyor Belts

Warehouse Accidents

Window Washing Falls

Out of State Accidents

Workplace Injuries Come in Many Forms

A job injury doesn’t have to be gruesome to have a serious effect on your life. Some of the most severe injuries can be invisible to the naked eye but render an individual permanently disabled. Other serious and deadly medical conditions may not even emerge until decades after the worker has retired. Even seemingly minor repetitive injuries can become more than mere nuisances without proper medical care.

Examples of workplace injuries include:

Sprains, strains and tears

Bone fractures

Cuts, lacerations, and punctures

Soreness and pain

Bruises and contusions

Tendonitis

Traumatic brain injury

Spinal cord injury

Thermal burns

Chemical burns

Electrocution

Amputation

Toxic substance inhalation

Mesothelioma

Blindness and deafness

Workplace violence

Sexual harassment

These types of injuries may be the result of:

Slips, trips and falls

Contact with an object or equipment

Being struck by a falling object

Overexertion

Transportation crashes

Exposure to harmful substances

Fires

Explosions

Loud noise

Machine entanglement

Repetitive motion

Reaction injuries (slipping or tripping, but not falling)

Walking into objects

It’s important to know that not every injury or illness can be connected to the workplace. Some medical conditions, such as carpal tunnel syndrome, can certainly be aggravated by working on a computer all day. But a variety of other factors (age, gender, prior medical history) could also be to blame for the illness. Proving causation is key if you seek to hold your employer accountable for negligence. Our workplace injury lawyers can help identify whether your injury is linked to your job and advise you on the next steps toward compensation.

Workers Rights and a Safe Working Environment

Sadly, we see news stories every day that cover injured workers whose lives are forever changed by an accident at work. They bring to light the dangerous working conditions for dairy farmworkers, the many deaths that plague agricultural workers in general every year and the significant injuries and deaths that those who work on construction sites face every day.

Under federal law, employers are required to provide a safe workplace. Sadly, the failure to abide by the laws and regulations in place to protect workers often results in workers getting injured or killed on the job.

My Employer has Unsafe Work Practices

If your employer has failed to ensure that safe working conditions are present, you can report the violation (ideally in writing) to the employer and to the federal and/or state OSHA office. In addition, under some circumstances, you have the right to refuse to work, such as if:

You (as the worker) have a reasonable, good-faith belief that the condition poses an immediate and substantial risk of serious physical injury or death;

The employer will not fix the dangerous condition;

The immediacy of the issue does not allow you to first report the condition to OSHA or another appropriate state agency; and

You do not have a reasonable alternative.

Your employer is prohibited, by law, from retaliating against you if you file a complaint about unsafe working conditions.

Who do I Notify When I am Injured at Work?

If you are injured at work, immediately inform your supervisor so that you preserve your right to receive workers’ compensation, if applicable.

How do I Know if My Employer has Violated OSHA Standards?

OSHA provides employees and their representatives with the right to file a complaint and request an OSHA inspection of their workplace if they believe that their employer is not following OSHA standards. It is important to note that workers do not have to know whether a specific OSHA standard has been violated in order to file this complaint. However, you do need to act quickly: OSHA citations may only be issued for violations that currently exist or existed in the past six months.

If you are concerned that you are potentially dealing with a dangerous working condition, or you have already been injured on the job, speak with one of our experienced work injury attorneys right away. We service clients in and around Houston, Texas. Contact us today for a consultation and we will discuss the next steps.

At work it is just a matter of time before the next worker is injured. What can I do?

Employer Responsibilities

In addition to complying with the standards, rules, and regulations under the OSH Act of 1970, the Occupational Safety and Health Administration (OSHA) puts forth several key responsibilities for employers, such as:

Providing a workplace free from serious recognized hazards;

Examining workplace conditions to make sure they comply with relevant legal standards;

Establishing or updating procedures and communicating them as necessary such that employees can follow safety and health requirements;

Providing safety training in a language (using vocabulary) that workers can understand;

If you work with hazardous chemicals in the workplace, developing and implementing a written hazard communication program and training employees on proper precautions that should be taken, making a copy of safety data sheets ready available to said employees;

Providing medical examinations and training when required by the standards;

Posting the OSHA poster in a prominent location within the workplace so that employees are informed of their rights and responsibilities;

Reporting all work-related fatalities within eight hours and inpatient hospitalizations, amputations, and/or loss of eyes within 24 hours to the nearest OSHA office;

Providing all current and former employees and their representatives with access to the log of work-related injuries and illnesses;

Providing access to employee medical and exposure records to employees and their authorized representatives;

Providing the OSHA compliance officer with the names of authorized employee representatives who may accompany the officer during inspections;

Ensuring that they do not discriminate against employees who exercise their rights (i.e. following the law on Whistleblower protection);

Posting OSHA citations at or near the work area involved; and

Correcting any cited violations by the deadline established in the OSHA citation; while following up by submitting the required abatement verification documentation.

Employers have a vested interest in keeping workers healthy and free from injury. In order to do this, not only should employers have procedures and protocols for protecting workers from getting injured in the first place, but also workers’ compensation coverage to ensure that anyone who is injured is taken care of. In fact, some employers have taken it upon themselves to provide their employees with free or low-cost medical services at or nearby their worksites. Ultimately, being transparent about workplace injuries benefits everyone.

Employer Responsibilities For Job Sites

While most states require employers to purchase insurance for the state workers’ compensation program (as well as other state-mandated programs, where applicable, such as disability, health insurance, etc.), Texas does not require this of employers. Workers’ compensation insurance typically insulates the employer from being liable with respect to certain workplace injuries, thus, if an employer elects to go without coverage, they could be liable for any damages due to injuries employees suffer on the job.

What is a Non-Subscriber?

An employer is a “non-subscriber” if it goes without coverage, and is thus open to personal injury lawsuits from any incidents that occur at work. It is also important to note that certain defenses that are available in many personal injury lawsuits, such as contributory negligence or assumption of risk, are not available to non-subscribers in these types of work injury cases.

What Notices and Waivers are Important?

When hired, workers must be notified whether their employer does or does not have coverage, and this notice must be posted along with other required workplace posters. The notice must also notify workers that they have five days to waive their right to workers’ compensation benefits and retain their right to sue the employer for a work-related injury.

If a worker waives his or her right to workers’ compensation, he or she also waives the right to receive benefits under the workers’ compensation law. In addition, workers’ compensation benefits are typically only available to employees (versus independent contractors); thus, it is vital that workers are also properly classified as employees.

It is Important for Employees to Follow an Employer’s Safety Procedures

Under the law, regardless of fault, an injury or illness is covered if it was sustained in the course of employment. However, there are also circumstances under which an injury or illness will not be covered, such as if it was sustained due to the employees:

Horseplay;

Willful criminal acts;

Self-injury;

Intoxication from drugs or alcohol;

Voluntary participation in an off-duty recreational activity;

A third party’s criminal act (if directed against the employee for personal reasons unrelated to work); or

Acts of God.

In other words, if you are injured and you were involved in one of these activities, it could be difficult to obtain compensation to help with your medical expenses and any lost wages.

Investigating Construction Site Accidents

Many people remember the incident of the Mast Climbing Platform Collapse in Austin, Texas in June of 2009 when three construction employees of Capoera Construction were killed when a mast climbing platform collapsed at a condominium project under construction.

When incidents like these occur, and they result in one or more worker fatalities (and sometimes multi-million dollar property loss, lawsuits, and/or settlements), investigations are typically performed at the request of an OSHA (Occupational Safety and Health Administration) field office as part of an enforcement inspection. The reports that come out of these investigations typically contain professional opinions from the investigating engineer, opinions concerning the root cause of the incident, and factual data and findings.

However, the incident does not have to involve fatalities: For example, just recently, the federal agency started investigating two construction companies after a roof collapse injured several workers. OSHA is charged with determining how the incident could have occurred and what needs to be done to prevent it from occurring again. If violations of OSHA standards are found, the agency then issues citations and monetary penalties.

OSHA Construction Regulations

When it comes to general safety and health provisions, OSHA has a number of requirements for construction site employers in order to ensure that workers are safe. Those requirements pertain to:

Safety training and education;

Recording and reporting of injuries;

First aid and medical attention;

Fire protection and prevention;

Sanitation;

Personal protective and lifesaving equipment;

Acceptable certifications;

Employee emergency action plans;

Occupational noise exposure;

Gases, vapors, fumes, dust, and mists;

Ventilation;

Process safety management of highly hazardous chemicals;

Inspections;

Illumination;

Hazard communication;

Requirements for particular substances, such as methylenedianiline, lead, and others;

Occupational foot protection;

Electrical protective equipment;

Head protection;

Hearing, eye, and face protection;

Respiratory protection;

Safety belts, lifelines, and lanyards;

Safety nets; and more.

What To Do if There has Been an Incident

If you are involved in an incident at your workplace, consider following these steps:

Administer first aid or call 911 for emergency care.

Ensure that local law enforcement has been notified of the situation;

Secure the area, preserve the scene as is;

Collect information and preserve evidence (include basic information such as the address/location, any immediate safety concerns, the status of everyone involved, etc.); and

Interview work colleagues and witnesses (include basic information such as location at time of incident, chronology of what happened, observations not just of occurrences but statements, any injuries sustained and/or observed, any evidence collected, such as cell phone pictures or videos, etc.).

Wrongful Death in the Workplace

Nobody can prepare for the pain of learning that a loved one died in an accident on the job. No legal remedy can possibly erase the grief. However, there may be resources available to ease the financial impact of workplace death. Families and eligible dependents are entitled to death benefits from Texas employers that opt into the state workers’ compensation insurance.

Death benefits are monthly payments that equal 75 percent of the deceased employee’s average weekly wage, up to a maximum set each year. Specific rules apply to who can receive the benefits and for how long the payments can continue based on the individual’s relationship to the deceased. Workers’ comp will also pay for up to $10,000 in burial costs.

In general, workers’ compensation would be the only way that a deceased worker’s survivors could obtain benefits for subscribers. But there is an exception in Texas. If the death occurred due to gross negligence or an intentional oversight, it is possible to bring a wrongful death claim against the employer. Of course, non-subscribers may also face wrongful death lawsuits.

While death benefits are helpful, they are not always good enough to cover a family’s losses. A successful wrongful death claim can provide compensation for:

Funeral expenses

Lost income and future earning capacity

Loss of future inheritance

Cost of bereavement therapy

Emotional anguish

Loss of counsel (advice, guidance, childcare)

Loss of companionship

Punitive damages

In Texas, families have two years from the date of death to file a wrongful death lawsuit against an employer. Our workplace injury lawyers can assist in the preparation of the claim and also talk to you about the possibility of filing a survival claim on behalf of the deceased.

What to Look for When Hiring a Houston Work Injury Attorney

Searching for an appropriate attorney is not easy. There is no “one size fits all” law firm. In a huge state like Texas, it can be overwhelming to see the number of work injury lawyers available to you. So where to start?

Interview the attorneys. The good news about personal injury law firms is that consultations are almost always free. That gives you the chance to meet the attorney and see if he or she is a good fit. You want someone who has experience with workplace injury claims. While attorneys are trained in law school to handle all sorts of claims, it’s a good idea to hire a lawyer who dedicates a sizable chunk of his or her practice to workplace injuries. You can also verify that the attorney is licensed to practice in Texas by visiting the State Bar website and clicking on its Find a Lawyer tab.

Ask around. See if anyone you know has worked with the attorney before. At a minimum, you can look at online reviews to see what others have had to say about the lawyer.

Go with your gut. Verifying credentials and experience is essential whenever you hire an attorney. But if you find several you like, go with your instincts about the one you like best. You should never feel pressured to choose during a consultation.

Our Houston work injury lawyers handle all cases on a contingency fee basis. That means that you don’t pay unless we win your case. Contact Houston injury lawyer Michael P. Fleming & Associates, P.C., now for a free consultation to find out more about how we can help with your workplace injury claim. Click here for directions.

“Michael Fleming and his staff have been a tremendous help to me and my company. His experience and his network of associates have been extremely helpful in fulfilling my legal needs. Mr. Fleming’s counsel has always directed me to the best possible outcome. Mr. Fleming and his firm is always responsive and attentive to our needs and our questions. Brilliant attorney with a wealth of experience.”

- Jesse Valeriano

Attorney Fleming advised me of the best course of action…

“I recently retained Michael Fleming. He was very professional, courteous, and knowledgeable. Attorney Fleming advised me of the best course of action and he promptly executed all of the legal paperwork. I was extremely happy with everything he did. The communication was quick an he was always available to answer any questions. I will definitely use him again. I highly recommend Michael Fleming to anyone needing an attorney. When you need an attorney, experience matters and Fleming is very experienced.”

- Scott

The very best representation available…

“My Wife and I were represented recently by Mr. Fleming and Associates for a personal injury case. I have had a previous case for a real estate transaction represented by Mr. Fleming that went to a Jury trial. I have been very satisfied with both cases. Fleming and his Associates are top notch Attorneys. I would recommend them to anyone who wants the very best representation available.”

- Jerry

Awards & recognitions

* all ratings apply to Michael P. Fleming and are current as of this year

* all ratings apply to Michael P. Fleming and are current as of this year

At our law firm our attorneys offer exceptional representation to those who have suffered serious injuries in all types of accidents. We have received some of the highest reviews and ratings of any Houston personal injury lawyer. One of the unique aspects of our law firm is that when you are a client you will be in direct contact with the lawyer handling your case. We strive to keep our clients involved and informed in the handling of their case so they know what to expect and when to expect it.